West Virginia Bureau for Children and Families
NOTE: You are using an outdated browser. In order to view, use, and enjoy this site to the fullest, we strongly recommend upgrading your browser to one that supports web standards.

Dynamic Menu Mouse
 
Default Text Default Text | Large Text | Larger Text Large Text
Page Modified: Tuesday, November 25, 2008

Category   Keywords  
 
New Search | Can't find an answer?
Go Back Back Print This Article Print This Article Email Page Email Page Bookmark this Article Bookmark This Article

BCF Support Article

Do "incompetence" and "incapacitated" mean the same thing?

Category:
Adult Abuse and Neglect
Updated:
3/6/2003

No. A determination of incapacity is based on the adult’s ability to carry on the daily activities of life necessary to sustaining life and reasonable health. This determination is made keeping in mind the physical, mental, or other impairment the adult may be experiencing. This assessment is generally made by a medical, social service, mental health, etc. professional. Incompetence is a legal determination made by a court that states that an adult is not able to make independent decisions on their own behalf.